[Federal Register Volume 64, Number 182 (Tuesday, September 21, 1999)]
[Notices]
[Pages 51175-51178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24579]
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DEPARTMENT OF STATE
Office of Mexican Affairs; Notice of Issuance of a Finding of No
Significant Impact With Regard to the Issuance of a Presidential Permit
for the Cox Communications Underground Fiber-Optic Link, San Diego,
California
[Public Notice No. 3124]
AGENCY: Department of State.
SUMMARY: Notice is hereby given that the Department of State has issued
a Finding of No Significant Impact on the human environment within the
United States for the underground fiber-optic link project sponsored by
Cox Communications, Inc. of San Diego, California. A draft
Environmental Assessment of the proposed underground fiber-optic link
was prepared by Tetra Tech, Inc. for the sponsor, Cox Communications,
Inc. of San Diego, California.
The draft Final Environmental Assessment was then reviewed by
numerous federal and state agencies. Each such ``cooperating agency''
has approved or accepted the draft Final Environmental Assessment.
Based upon the Department's independent review of the draft Final
Environmental Assessment, comments received during its preparation and
comments received by the Department from federal and state agencies
including measures which are proposed to be taken to prevent and/or
mitigate
[[Page 51176]]
potentially adverse environmental impacts which the Sponsors intend to
take, the Department has concluded that issuance of a Presidential
Permit authorizing construction of the proposed Cox Communications
underground fiber-optic link would not have a significant impact on the
quality of the human environment within the United States. Accordingly,
a finding of no significant impact is adopted and an EIS will not be
prepared.
ADDRESSES: Copies of the Presidential Permit may be obtained from Mr.
David E. Randolph, Coordinator, U.S.-Mexico Border Affairs, Office of
Mexican Affairs, Room 4258, Department of State, Washington, D.C.
20520, telephone (202) 647-8529. A copy of the Department's Final
Environmental Assessment is available for inspection in Room 4258 of
the Department of State during normal business hours.
SUPPLEMENTARY INFORMATION: The proposed action is to grant a
Presidential Permit to Cox Communications of San Diego, California
(hereinafter referred to as ``permittee''), for the construction of an
underground fiber-optic link from San Diego, California, to Tijuana,
Baja California, Mexico. A draft Environmental Assessment of the
proposed fiber-optic tunnel which permits the cable to run beneath the
U.S.-Mexico boundary was prepared by Tetra Tech, Inc. of San Diego,
California, on behalf of the permittee, under the guidance and
supervision of the Department of State. The Department of State placed
a notice in the Federal Register (November 13, 1998, 63 FR 63520)
regarding the availability for inspection of Cox's Permit application
and the draft Environmental Assessment. No public comments were
received.
Seventeen federal and state agencies independently reviewed the
draft Environmental Assessment. They were: the Immigration and
Naturalization Service, the United States Customs Service, the Food and
Drug Administration, the Animal and Plant Health Inspection Service (of
the Department of Agriculture), the General Services Administration,
the International Boundary and Water Commission (United States
Section), the Department of Defense, the Federal Highway Administration
and the United States Coast Guard (of the Department of
Transportation), the Federal Emergency Management Agency, the
Department of the Interior, the Department of Commerce, the
Environmental Protection Agency, the Department of Justice, the Council
on Environmental Quality, the Department of State and the California
Department of Transportation. Because the land where construction is
proposed to take place is owned by a federal government agency (the
United States Section of the International Boundary and Water
Commission), the draft Environmental Assessment was not subject to
review under the California Environmental Quality Act. All comments
received from these agencies were responded to directly or by expanding
the analysis contained in this assessment.
This draft Final Environmental Assessment, the comments submitted
by the agencies, the responses to these comments, and all
correspondence between the agencies and the permittee addressing the
agencies' concerns, together constitute the Final Environmental
Assessment of the proposed action by the Department of State.
The Department of State (the Department) is charged with issuance
of Presidential Permits for the construction of international bridges
between the United States and Mexico under the International Bridge Act
of 1972, 86 Stat. 731; 33 U.S.C. Sec. 535 et seq., and Executive Order
11423, 33 Fed. Reg. 11741 (1968), as amended by Executive Order 12847
of May 17, 1993, 58 Fed. Reg. 29511 (1993). On January 22, 1998, the
Undersecretary of State for Economic, Business and Agricultural Affairs
determined that international fiber-optic links, the construction of
which involve tunnels under the United States-Mexico border, require
Presidential Permits. Based on the Final Environmental Assessment,
including measures which are proposed to be taken to prevent or
mitigate potentially adverse environmental impacts and which the
permittee intends to take, and information developed during the review
of the permittee's application, the Department of State has concluded
that issuance of the Presidential Permit authorizing construction of
the fiber-optic link will not have a significant impact on the quality
of the human environment within the United States.
Summary of The Environmental Assessment
Cox Communications of San Diego, California, has applied to the
Department for a Presidential Permit to build an underground tunnel
carrying fiber optic cables in the San Ysidro-Tijuana area, just north
of the U.S.-Mexico International Border Fence and just south of a
secondary concrete pillar fence. The boundary crossing site is located
in an area that is not open to the public and is used by the United
States Border Patrol, owned by the United States Section of the
International Boundary and Water Commission and located within the
corporate boundaries of the City of San Diego.
The fiber optic line will extend a cable overhead to the U.S.-
Mexican border by placing the cable on the existing utility poles owned
by San Diego Gas and Electric. Cox will place an additional 45-foot
long pole at a point 12 feet north of the border wall and at a depth in
the ground of 10 feet. Cox will place an anchor rod six feet south of
the new pole; at the new pole, Cox will use a backhoe to dig a trench
32 feet east with the dimensions of one foot wide by five feet deep. At
the end of the trench, Cox will shoot an eight-inch diameter
directional bore south under the border wall at a depth of ten feet for
a distance of 130 feet to the pole on the Mexican side at Martinez
Street. Conduit will be placed in the trench. The cable will be pulled
through the conduit to the Mexican side.
The fiber optic line, the first of its kind in a tunnel across the
U.S.-Mexican border, will provide a communication link between San
Diego and Tijuana. Initially, the connection will allow an interactive/
broadcast quality/live, video connection to be activated between San
Diego State University and a university in Tijuana.
Other uses for the connection could include: Video connectivity
between the offices of the Mayors of San Diego and Tijuana;
Transporting network television programming between cable systems;
Linking together television stations to provide connections for late-
breaking news stories such as storms, traffic congestion, etc.;
Transporting high speed Internet access across the border; Providing
telephony traffic back and forth across the border; Linking ``sister''
factories on both sides of the border with data connections.
The Alternatives
The Department considered four alternatives:
1. The ``No Action'' alternative;
2. Constructing the fiber optic cable line underground along the
entire alignment;
3. Constructing the fiber optic cable line above-ground along the
entire alignment;
4. Constructing the fiber optic cable line both aboveground and
underground using primarily existing facilities.
The First Alternative, the ``No Action'' alternative, would
eliminate any potential adverse environmental impacts associated with
the proposed construction, but would not achieve the objective of
providing a high-tech fiber
[[Page 51177]]
optic link between San Diego and Tijuana.
The Second Alternative, constructing the fiber optic cable line
underground along the entire alignment, would involve constructing
underground facilities where no facilities currently exist.
The Third Alternative, constructing the fiber optic cable line
above-ground along the entire alignment, would involve constructing
aboveground facilities where no facilities currently exist.
The Fourth Alternative, constructing the fiber optic cable line
both aboveground and underground using primarily existing facilities,
is the permittee's preferred alternative. Temporarily, potentially
significant noise impacts, minor, temporary impacts to air quality and
temporary, local impacts on recreation (temporary disruption of use of
a bike lane), and traffic and socioeconomic effects (temporary partial
disruption of access to businesses) have been identified for the
Second, Third and Fourth Alternatives. Because the Fourth Alternative
would use the greatest amount of existing infrastructure to contain the
new cable line, resulting in less construction time than the other two
alternatives, environmental impacts would likely be less under the
Fourth Alternative than under the Second and Third Alternatives.
The draft Environmental Assessment submitted by the permittee in
support of its application provides information on the environmental
effects of the construction of the underground tunnel. On the basis of
the Environmental Assessment and information developed by the
Department and other federal and state agencies in the process of
reviewing the draft Environmental Assessment, the Department arrived at
the following conclusions on the likely impact of construction at the
proposed location:
Wetlands
The permittee apprised the U.S. Army Corps of Engineers (Corps) of
the proposed project in a letter dated February 10, 1997. This letter
contained a project description and project map. The Corps responded on
May 7, 1997, setting forth its determination that the proposed project
would not discharge dredged or fill material into waters of the United
States or an adjacent wetland. The Corps further indicated that the
proposed project is not subject to Corps jurisdiction under Section 404
of the Clear Water Act, and a Section 404 permit would not be required.
The Corps response letter is included in the Environmental Assessment.
Threatened and Endangered Species
The Department considered possible impacts of the project on
federally protected species. Cox accessed the California Natural
Diversity Data Base (CNDDB) for the Imperial Beach USGS 7.5 minute quad
mapping area. The CNDDB contains historic records of occurrence of
sensitive biological resources. These computer records, dated December
12, 1997, revealed a number of sensitive species that could be present
in the Tijuana River Valley area. A biological field survey was
conducted at the project site on June 9, 1998 to characterize the
habitat present and evaluate the potential occurrence of sensitive
species and sensitive habitat types. An additional survey was conducted
on July 4, 1998. Based on the lack of habitat, the sensitive species
identified during the CNDDB search are not expected to be present at
the project site.
Examples of sensitive species known to occur in the region, but not
expected to occur at the site due to a lack of appropriate habitat,
include the Least Bell's Vireo and Arroyo Toad (on the federal
endangered species list); the Coastal California Gnatcatcher (on the
federal threatened species list); and the Western Spadefoot, San Diego
Horned Lizard, Orange-Throated Whiptail, Coastal Cactus Wren, San Diego
Desert Woodrat and Many-Stemmed Dudleya (on the federal species of
concern list).
Land Use
The proposed site is located in an area that is not open to the
public, and which is used by the United States Border Patrol. Border
Patrol agents typically patrol the area between the two fences using
sport utility vehicles, and often park their vehicles along the access
road located just north of the border crossing site in order to
discourage illegal border crossing attempts. The land at the border
crossing site is owned by the United States Section of the
International Boundary and Water Commission. The proposed fiber optic
cable line alignment would be constructed along existing overhead
transmission lines or existing underground transmission facilities that
traverse existing residential and commercial land uses. There are an
estimated 18 businesses and 586 residences located along the proposed
fiber optic alignment, on both sides of the streets. Most residences
are multi-family attached units and mobile homes. An elementary school
that serves about 700 students is located in the area.
The border crossing site is an area of disturbed land that is
maintained in a cleared and graded condition, and sustains heavy off-
road vehicle use. It is devoid of structures and vegetation. The
project would add only one new utility pole. All other facilities would
be placed in an underground trench or would be accommodated on an
existing SDG&E utility pole. Construction duration is expected to be
relatively short-term--less than one week. As such, no significant
impacts to aesthetic resources at the border crossing site are
anticipated.
River Channel and Floodplains
The Tijuana River is located approximately 100 meters to the north
of the project area. Variable rainfall produces variable flow
characteristics, and the river does shift widely across the valley
floor. However, a high levee located south of the river overlooks the
border crossing site and provides protection from flooding.
Air Quality
The San Diego Air Basin is designated as a non-attainment area with
respect to ozone standards (a level of non-attainment is classified as
being ``serious''), carbon monoxide standards (west San Diego County
only) and the California state suspended particulate matter standard.
Land uses considered to be sensitive receptors relative to air
pollutant emissions typically include health-related facilities, child-
care facilities and facilities where occupants may have limited
mobility and/or long-term exposure to emissions. Such uses typically
include long-term health-care facilities, rehabilitation centers,
convalescent centers, retirement homes, residences, schools and
playgrounds. No sensitive receptors are located at the border crossing
site.
The nearest sensitive receptors relative to air pollutant emissions
include Willow School located at 226 Willow Road, the South Bay Head
Start facility located at 253 Willow Road, numerous residences along
streets traversed by the existing overhead transmission lines and
underground transmission facilities, and the Cesar Chavez Community
Center-San Ysidro at Larsen Field, located approximately 0.1 miles west
of the alignment at 455 Sycamore Road. Temporary, unavoidable, local,
construction-related, less-than-significant impacts are expected for
air quality.
[[Page 51178]]
Historical and Archeological Resources
A record search was conducted by the South Coast Information Center
on February 24, 1997, at the request of the permittee. This search
revealed that a portion of the project area had been previously
inventoried, and that no cultural resources had been identified.
On June 9, 1998, a cultural resources and paleontological survey
with limited subsurface testing was conducted at the border crossing
site. The primary purpose of the survey and subsurface testing was to
determine whether cultural and paleontological resources exist in the
ground disturbance portion of the project area that could be adversely
affected by the placement of the pole and associated buried fiber optic
cable. The entire area subject to surface disturbance, as well as a
buffer area, was examined for the presence of both prehistoric and
historic archaeological resources, and paleontological resources. A
total of eight 12-centimeter-diameter auger test holes were excavated.
No archaeological, historic or paleontological resources have been
identified at the border crossing site.
During the June 1998 survey, a spot check was made at a utility
pole at the southeast corner of Willow Road and Camino de la Plaza
where a small excavation immediately adjacent to the pole is proposed.
No evidence of cultural or paleontological resources was observed at
this location. No historical resources are located along the proposed
fiber optic cable line alignment.
Noise
The border crossing site is located within open space land that is
used by the Border Patrol for control of illegal immigration. It is
disturbed land with no structures. Like air quality pollutants, land
uses considered to be sensitive receptors relative to noise typically
include health-related facilities, child-care facilities and facilities
where occupants may have limited mobility and/or long-term exposure to
emissions. Such uses typically include long-term health-care
facilities, rehabilitation centers, convalescent centers, retirement
homes, residences, schools and playgrounds. There are no sensitive
noise receptors present in the vicinity of the border crossing site on
the U.S. side of the international border.
The nearest sensitive receptors relative to noise include Willow
School located at 226 Willow Road, the South Bay Head Start facility
located at 253 Willow Road, numerous residences along streets traversed
by the existing overhead transmission lines and underground
transmission facilities, and the Cesar Chavez Community Center-San
Ysidro at Larsen Field, located approximately 0.1 miles west of the
alignment at 455 Sycamore Road. Temporary, unavoidable, local,
construction-related, less-than-significant impacts are expected for
noise.
Environmental Justice
The border crossing site is located on vacant land. No businesses
or residences exist on or near the site on the U.S. side of the border.
The population of Census Tract 100.09, which contains all of the border
crossing site and the majority of the proposed fiber optic cable line
alignment, was 4,584 as of January 1, 1998. According to a population
estimate of the census tract by ethnicity, the population of the census
tract is 87.8% of Hispanic origin, 5.6% White, 5.4% Black and 1.2%
Asian/Other.
The median household income for the census tract was $14,495 as of
January 1, 1998. The largest percentage of households (30.0%) consisted
of those in the $10,000-$14,999 income range, while 1.5% of households
earned $50,000-$74,999 and none earned over $75,000.
The population of the City of San Diego as a whole was 1,224,848 as
of January 1, 1998. According to a population estimate by ethnicity,
the population of San Diego is 24.3% of Hispanic origin, 54.7% White,
8.7% Black and 13.2% Asian/Other.
The median household income for the City was $40,974 as of January
1, 1998. The largest percentage of households (19.8%) consisted of
those in the $50,000-$74,999 income range, while 6.1% of households
earned $10,000-$14,999 and 8.2% earned under $10,000.
The general make-up of the population of the census tract
containing the border crossing site is low-income and of Hispanic
origin. No disproportionately high and adverse human health or
environmental impacts on minority populations, low-income populations,
or Native American Indian tribes are likely to result from construction
or operation of the proposed fiber optic project.
Cumulative Impacts
Construction and operation of the proposed fiber optic cable
project will not result in significant cumulative impacts. The proposed
project would have no adverse impact on land use, recreation,
biological resources, cultural resources, geotechnical hazards or
environmental justice. Temporary, unavoidable, local, construction-
related, less-than-significant impacts are expected for air quality,
traffic and socioeconomics (temporary partial disruption of access to
local businesses). Temporary, unavoidable, local, construction-related,
potentially significant impacts have been identified for noise, but
these can be reduced to a level that is less-than-significant through
successful application of the recommended mitigation measures.
Mitigation is also recommended for air quality to further reduce the
level of impact.
Conclusion
On the basis of the Environmental Assessment, the Department's
independent review of that Assessment, information developed during the
review of the application and Environmental Assessment, and comments
received, it appears that none of the alignment alternatives (i.e.
alternatives 1-4, described above) would have a significant impact on
the human environment within the United States. Accordingly, a Finding
of No Significant Impact (``FONSI'') is adopted and an environmental
impact statement will not be prepared.
Dated: September 14, 1999.
David E. Randolph,
Coordinator, U.S.-Mexico Border Affairs, Office of Mexican Affairs.
[FR Doc. 99-24579 Filed 9-20-99; 8:45 am]
BILLING CODE 4710-29-P
